National Legal Council is one of the most essential aspects of the judicial system and the appointment of Supreme Court judges. The construction of a National Judicial Council (NJC) was recommended by the ARC, but it was not implemented. This article explains the National Judicial Council & Second ARC Recommendations is important for UPSC IAS exam preparation.

Administrative Reforms Commission (ARC)

• The Administrative Reforms Commission (ARC) is a government-appointed group tasked with making suggestions for reforming India's public administration system.
• The Administrative Reforms Commission (a government agency) issues reports known as ARC reports. ARC's reports are essential documentation for public administration, good governance, and a variety of other purposes.
• First ARC: The First Administrative Reforms Commission was established by the Ministry of Home Affairs in 1966.
• Second ARC: The Second Administrative Reforms Commission (Second ARC) was established as a Commission of Inquiry on August 31, 2005, under the chairmanship of Veerappa Moily, with the goal of creating a detailed blueprint for overhauling the public administrative system.
• The second ARC was given the authority to recommend some effective methods to achieve a realistic, responsive, accountable, long-term, and competent public administration at all levels of government in India.
• The 2nd Administrative Reforms Commission also issued 15 reports covering diverse areas of public administration.

National Judicial Council (NJC)

• The National Judicial Council, as recommended by the Second ARC, should be empowered to establish a code of conduct for judges, including the subordinate judiciary.

Major suggestions for NJC

• The suggested body should be in charge of recommending Supreme Court and High Court Judge selections.
• The NJC should also be charged with the role of judicial oversight, with the authority to investigate alleged wrongdoing and issue small penalties, as well as the power to remove a judge if necessary.
• A Supreme Court or High Court Judge should be able to be removed by the President.

Note: In case this recommendation of the Second ARC is carried through, Articles 214 and 217 of the Constitution will need to be amended.

• It may be remembered that the National Commission to Review the Constitution's Workings looked into the subject of judicial appointment and removal.
• The Commission also suggested the establishment of an NJC, as well as the effective participation of both the Executive and Judicial Wings of the State as part of an integrated scheme for the selection of judges.
• The Ninety-eighth Amendment Bill 2003, introduced in the Lok Sabha in 2003, sought to establish a National Judicial Commission (NJC) headed by the Chief Justice of India, two Supreme Court judges next in seniority to the CJI, the Union Minister for Law and Justice, and one eminent citizen to be nominated by the President in consultation with the Prime Minister, as members.
  • The bill also suggested giving the NJC the authority to draw up a code of ethics for judges and to investigate incidents of judge misconduct (other than those punished by removal). The bill was unable to pass.
• The subject of judicial regulation is reaching a boiling point, and it is being debated at the judicial, executive, and legislative levels.

Composition of National Judicial Council

The Second Administrative Reforms Commission (Second ARC) recommended that judges be appointed to higher courts with the involvement of the executive, legislature, and Chief Justice. It should be a process that is apart from daily politics. The following people should be on the council:

1. The Vice President as Chairperson of the Council
2. The Prime Minister
3. The Speaker of the Lok Sabha
4. The Chief Justice of India
5. The law minister
6. The Leader of the Opposition in the Lok Sabha
7. The Leader of the Opposition in the Rajya Sabha

On addition, the council shall include the following members in matters relating to the appointment and oversight of High Court Judges:

• The Chief Minister of the concerned state
• The Chief Justice of the concerned High Court

Conclusion

As per the Second ARC recommendations, the National Judicial Council should be authorized to lay down the code of conduct for judges, including the subordinate judiciary. Above we have discussed all important recommendations laid by the Second ARC for NJC in detail. The Second ARC recommended that the appointment of judges to higher courts should be through the participation of the executive, legislature, and the Chief Justice. It should be a process above day-to-day politics.

FAQs

MCQs

1. What is the primary purpose of the National Judicial Council?

A) To appoint judges

B) To oversee judicial accountability and ethics

C) To replace the Supreme Court

D) To manage court finances

2. Which body recommended the establishment of the National Judicial Council?

A) Law Commission

B) Second Administrative Reforms Commission

C) Supreme Court

D) Ministry of Law and Justice

3. What is the key feature of the Second ARC’s recommendations for judicial reforms?

A) Abolition of the collegium system

B) Speedy justice and technology integration

C) Elimination of all lower courts

D) Replacing judicial reviews with executive orders

4. Which existing mechanism addresses judicial accountability in India?

A) Lokpal Act

B) Judges (Inquiry) Act

C) Consumer Protection Act

D) Arbitration Act

5. Why is judicial independence critical in a democracy?

A) To allow judges to bypass laws

B) To maintain impartiality and uphold the rule of law

C) To reduce the number of courts

D) To prioritize executive decisions

GS Mains Questions and Model Answers

Q1: Discuss the significance of the National Judicial Council in improving judicial accountability in India.

Answer: The National Judicial Council (NJC) is a proposed body aimed at enhancing judicial accountability by addressing ethical standards and disciplinary issues in higher judiciary. It is vital for maintaining public trust in the judiciary and ensuring the impartiality of judicial decisions. The NJC’s role in investigating misconduct and promoting merit-based appointments strengthens transparency and integrity. However, challenges like resistance to reforms and the need to balance judicial independence must be addressed. Implementing the NJC can significantly enhance accountability, aligning with democratic principles and ensuring fair justice delivery.

Q2: Analyze the recommendations of the Second ARC on judicial reforms and their relevance in today’s context.

Answer: The Second ARC proposed reforms like establishing the NJC, ensuring speedy justice, and integrating technology into court processes. These recommendations remain highly relevant as the judiciary faces challenges like delays, pendency, and lack of transparency. The NJC can improve accountability, while technology can enhance efficiency and reduce backlogs. However, implementing these reforms requires political will, financial resources, and coordination between the judiciary and executive. Adopting these recommendations can address systemic issues, ensuring a more robust and efficient judicial system in India.

Q3: Evaluate the challenges in implementing judicial accountability mechanisms in India.

Answer: Implementing judicial accountability mechanisms in India faces challenges like balancing independence and accountability, lack of consensus on reforms, and resistance from within the judiciary. The proposed NJC aims to address these concerns but has not been implemented due to political and institutional hurdles. Existing mechanisms like the Judges (Inquiry) Act have limitations in addressing misconduct comprehensively. Overcoming these challenges requires a transparent framework, public trust, and collaborative efforts between all stakeholders. Judicial accountability is essential to ensure fairness, maintain integrity, and strengthen democracy.

Previous Year Questions on National Judicial Council

1. UPSC CSE Prelims 2021:

Question: Which act governs the inquiry process for judicial misconduct in India?

A) Prevention of Corruption Act
B) Judges (Inquiry) Act
C) Representation of People Act
D) Code of Civil Procedure

Answer: (B)

The Judges (Inquiry) Act governs the process for addressing judicial misconduct, outlining procedures for investigating allegations against judges in higher judiciary.

2. UPSC CSE Mains 2020:

Question: Discuss the significance of the Second ARC’s recommendations on judicial reforms in ensuring transparency and accountability in India.

Answer: The Second ARC’s recommendations on judicial reforms emphasize transparency and accountability through measures like the NJC and technology integration. These reforms address delays, pendency, and ethical concerns, ensuring fair justice delivery. By promoting judicial independence while addressing misconduct, these recommendations align with democratic values. Implementing them can enhance public trust in the judiciary, strengthen the rule of law, and ensure efficient judicial functioning in a rapidly evolving socio-economic context.